N208.3(a) Procedure Governing Motions
1. Motions Court is held each day at 9:00 a.m. Motions which do not require the taking of testimony may be presented to the motions judge only after a copy of the motion and the proposed order of court have been served on all counsel of record and any unrepresented party at least three (3) business days prior to the intended date of presentation.
2. Notice of the date, time ,and place of presentation must accompany the copy of the motion and proposed order of court. Service may be made in any manner, including facsimile transmission, which results in the service of the required documents at least three (3) business days before the day of presentation.
3. The presenting party must attach to the motion a certification of compliance with this rule setting forth the date on which the motion was served on counsel and unrepresented parties, and the manner of service.
4. Compliance with the time requirements may be excused by the motions judge if it appears that reasonable notice has been attempted or given, and immediate and irreparable injury will be sustained if relief is denied.
EXPLANATORY COMMENT: The purpose of this rule is to foster the use of Motion Court practice for all matters which are not likely to require lengthy evidentiary hearings or involve argument on complex legal issues. Nevertheless, sufficient notice and receipt of the motion or petition and proposed order of court is required by law and fundamental fairness. Counsel desiring to take advantage of Motions Court practice must be diligent in complying with the notice requirement. For purposes of this rule, the use of the term “business day” and the computation of the required three (3) day notice period shall be governed by and construed consistent with Pa.R.C.P. 106 (Computation of Time).
EFFECTIVE JUNE 17, 2004